The morning after the election in November....there's this odd scenario which could play itself out. If (it's a big IF)....the Republicans win the House majority, plus fifty or more Senate seats, and Mitt Romney is the winner.....then within seven days, I will predict that two members of the Supreme Court (Breyer and Ginsburg) will offer up their retirement papers. This would be done in an effort to ensure the "right" picks for the court with the current Democratic Senator and President Obama.
There's a problem with this scenario....because the budget crisis and Sequestration are topic number one in the six weeks after the election. There's really not any time to spend on approving the next two justices, if this were to fall into play.
My humble guess is that someone is sitting there at the White House and working on a list of twenty-five acceptable picks. That's the one and only job for this individual. There's probably a dinner or two arranged over the next sixty days where the President can sit down and talk to the top five candidates and get some feeling over their decision-making process.
The speed and success to make this happen in six weeks....for two justice positions? I would imagine one of the picks will have some background issues that no one dug into or knew about. It'll be a major problem to explain, and you can figure that pick gets tossed at the last minute. Whether they can approve both in this remaining session....is simply a guess.
So settle back and wait for this massive amount of work for your Congressman or Senator. Those poor guys might actually have to work all the way up to the 24th of December.